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City attorney, counsel remind Building Standards Board about Open Meetings, ethics and phone use
Summary
City attorney Lucinda Orozco and legal counsel Eric Burns reviewed the board’s quasi‑judicial duties, the Open Meetings and Public Information Acts, and advised members to avoid walking quorums and electronic communications about official business.
Lucinda Orozco, an attorney with the city attorney’s office, told the Building Standards Board on May 15 that members serve on a quasi‑judicial body and must avoid ex parte or off‑record deliberations.
"Members of this board are city's representative," Orozco said while emphasizing the board’s judicial‑style responsibilities and the need to make decisions on the merits of each case presented.
Eric Burns, legal counsel, led a refresher on Robert's Rules of Order and explained procedural points the board should keep in mind: motions require a second, debate follows a second, the chair must state the motion before a vote, and a member may change a vote only up until the chair announces the result (afterwards a change requires unanimous board permission). Burns also warned that electronic messages or repeated informal gatherings that include a quorum could create a "walking quorum" and potentially violate the Texas Open Meetings Act.
Both presenters stressed that electronic communications created in connection with official business could be subject to public‑records requests and advised members to minimize phone use during presentations or to use do‑not‑disturb modes.
Board members raised concerns about the presentation wording that describes members as "representatives of the city," saying that word sometimes causes a perception that the board is not independent. Burns and Orozco said they would discuss potential wording changes with development services and follow up.
The presentation referenced guidance under the Texas Government Code on attorney‑client consultation during executive sessions; the chair had previously noted the board had met in executive session under Texas Gov. Code §551.071 earlier in the meeting.
